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Same-sex marriage and surrogacy: where is it legal?

Cuba’s new Family Code also allows non-profit surrogacy, a practice in which a woman carries another woman’s or couple’s baby to term (“solidarity gestation”).

Here is an overview of the situation around the world:

– Europe, pioneers of marriage gay

In 2001, the Netherlands became the first country in the world to allow same-sex couples to marry. Since then, 17 European countries have followed: Austria, Belgium, United Kingdom, Denmark, Finland, France, Germany, Iceland, Ireland, Luxembourg, Malta, Norway, Portugal, Spain, Sweden, Slovenia and Switzerland. Most also allow same-sex couples to adopt.

Some countries allow same-sex couples to form civil unions but not to marry. This is the case of the Czech Republic, Croatia, Cyprus, Estonia, Greece, Hungary and Italy.

Most Eastern European countries do not allow same-sex marriage or civil unions.

In Russia, the homosexuality it was considered a crime until 1993 and a mental illness until 1999. Although it is now legal, a 2013 law punishes the promotion of homosexuality among minors.

In Hungary, a law passed in 2021 made “promoting” the homosexuality or the change of gender between minors will be punished with a fine.

Assisted reproduction for couples lesbians it is allowed in 12 European countries; the Nordic countries, Belgium, the Netherlands, the United Kingdom, Spain, Austria, Ireland and France.

Far fewer countries allow surrogacy, as is the case in Russia and Ukraine, a practice that is widely criticized for turning women into “surrogate wombs”.

It’s also legal in Belgium, the Netherlands, and the UK, but France, Germany, Italy, Spain, Sweden, and a handful of other countries ban all types of surrogacy.

– Advances in America –

Canada was the first country in the Americas to allow same-sex marriage in 2005. It also allows same-sex adoptions, medically assisted reproduction, and non-profit surrogacy.

In the United States, it took another 10 years for the Supreme Court to rule that the Constitution guaranteed the right to same-sex marriage.

But after the Court’s recent U-turn on abortion rights, many activists are concerned that judges may now change their minds on marriage as well. gay.

Commercial surrogacy is allowed in some states in the United States.

In Latin America, Argentina, Brazil, Colombia, Ecuador, Costa Rica, Chile, Uruguay and now also Cuba allow same-sex marriage. Several countries, such as Brazil and Colombia, also allow non-commercial surrogacy.

In Mexico, the federal capital was the pioneer, authorizing civil unions homosexuals in 2007 and marriages in 2009. Since then, the vast majority of the 32 Mexican states have followed suit.

– Taiwan, the first in Asia –

While much of Asia tolerates homosexualityTaiwan became the first in the region to allow same-sex marriage after a landmark ruling by its Constitutional Court in 2017.

In Vietnam, the ban on marriage between homosexuals it was officially lifted in 2015, but still does not have a law that legally recognizes said union.

In June 2022, Thailand moved closer to same-sex marriage when lawmakers gave their initial approval to legalize unions.

The Supreme Court of India in 2018 decriminalized sex gayand in August 2022 Singapore announced that it would do the same.

Thailand and India, both leading destinations for commercial surrogacy in the past, have clamped down on the practice in recent years.

Gay marriage and adoption for same-sex couples are allowed in New Zealand and Australia.

– Almost total ban in Africa –

South Africa is the only nation on the African continent that allows same-sex marriage, which it legalized in 2006, but prohibits commercial surrogacy.

Some 30 African countries ban the homosexuality; Mauritania, Somalia and Sudan have the death penalty for same-sex relationships.

the sex gay it is allowed or has been decriminalized in Angola, Botswana, Cape Verde, Democratic Republic of the Congo, Gabon, Ivory Coast, Lesotho, Madagascar, Mali, Rwanda and Seychelles.

– Middle East: still repressive –

Several countries in the Middle East still have the death penalty for homosexualityincluding Iran, Saudi Arabia, and the United Arab Emirates.

Israel leads the way in terms of the rights of homosexuals, recognizing same-sex marriages that take place elsewhere, while not allowing such unions in the country itself. The couples homosexuals they can adopt children.

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